Conformed Copy Amendment 0002 Solicitation Body.pdf

Solicitation Number 86614519R00001 Amendment 0002 Conformed Copy Solicitation

3.0 Mortgagee Compliance Manager (MCM)

TABLE OF CONTENTS

SECTION B – Supplies or Services and Prices/Costs 3 SECTION C – Description/Specifications 9 SECTION D – Packaging and Marking 50 SECTION E – Inspection and Acceptance 51 SECTION F – Deliveries or Performance 52 SECTION G – Contract Administration Data 53 SECTION H – Special Contract Requirements 57 SECTION I – Contract Clauses 63 SECTION J – List of Attachments 94 SECTION K – Representations, Certifications, and Other

Statements of Bidders 95 SECTION L – Instruction, Conditions, and Notices to Bidders 110 SECTION M –Evaluation Factors for Award 128

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 CONTRACT DEFINITION – REQUIREMENTS

This is a Requirements Contract with Task Order Awards (Indefinite Delivery/Indefinite

Quantity (IDIQ), Fixed Unit Rate, or Firm-Fixed Price) as defined at Subpart 16.503 of the

Federal Acquisition Regulation and in Section 1.4, Far Clause 52.216-21, Requirements.

Services provided by the Contractor under the contract shall be obtained as stated in HUDAR

2452.216-78, Ordering Procedures. Services or supplies provided by the contractor under this contract shall be secured by the issuance of delivery orders (for supplies) or task orders (for services). Orders shall be placed in accordance with the following clauses: FAR 52.216-18, Ordering; FAR 52.216-19, Order Limitations; and with [X] Task Ordering Procedures.

Task orders will be issued against the contract on an as needed basis. Fixed Unit Price is the unit price per property. This applies to the base and all option years.

B.2 Payment: For purposes of payment, the offeror will be paid based upon the amount of properties in which a claim is paid within a single month. For example, if 7,000 properties are conveyed in July 2020, then the amount due would be (7000 x Fixed Unit Price).

Each month, Conveyance and Claims Without Claim of Title Services are invoiced based on a monthly volume of Conveyed properties at a unit price listed on the Schedule B. The contractor will not receive additional or duplicate invoice payments for reconveyances/re-acquisitions. Only a single payment can be applied towards a current contractor’s invoice within the current contract- per each FHA case number conveyed. For example, if a property is conveyed and services are paid for under CLINs 1 or 2, the MCM contractor will not receive additional payment for MCM services for the same property if it must be reconveyed to the mortgagee for correction of an issue and then reacquired. Only one payment is made.

2452.232-70 Payment Schedule and Invoice Submission (Fixed-Price)

PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED–PRICE)

(DEVIATION MAY 2017)

(a) Payment schedule. Payment of the contract price (see Section B of the contract) will be made upon completion and acceptance of all work unless a partial payment schedule is included.

(b) Submission of invoices.

(1) The Contractor shall obtain access and submit invoices to the Department of

Treasury Bureau of Fiscal Services’ Invoice Platform Processing System via the Web at

URL:

https://arc.publicdebt.treas.gov/ipp/ fsippqrg.htm in accordance with the instructions on the Web site. To constitute a proper invoice, the invoice must include all items required by the FAR clause at 52.232– 25, ‘‘Prompt Payment.’’

(2) To assist the government in making timely payments, the contractor is also requested to include on each invoice the appropriation number shown on the contract award document (e.g., block 14 of the Standard Form (SF) 26, block 21 of the SF– 33, or block 25 of the SF–1449).

(c) Contractor remittance information. The contractor shall provide the payment office with all information required by other payment clauses or other supplemental information

(e.g., contracts for commercial services) contained in this contract.

(d) Final invoice payment. The final invoice will not be paid prior to certification by the

Contracting Officer that all work has been completed and accepted.

(End of clause) https://arc.publicdebt.treas.gov/ipp/

OPTION PERIOD ONE (1) (DURATION 12 MONTHS)

CONTRACT

LINE ITEM

NUMBER

(CLIN)

SUPPLIES/SERVICE

REQUIREMENT

Estimated Quantity

UNIT (S)

FIXED

UNIT

PRICE

TOTAL

ESTIMATED

EXTENDED

PRICE

CLIN 0004

Pre-Conveyance/Post-Conveyance Services based on a monthly volume of Conveyed properties 30,000 Each

CLIN 0005

Pre-Conveyance/Post-Conveyance Services based on a monthly volume of CWCOT properties 40,000 Each

CLIN 0006

Transition Reconveyance and Re- Acquisitions – (Re-acquisitions received from previous contract) 840 Each

B.3 PRICING SCHEDULE

BASE YEAR (10-MONTHS BASED ON AWARD DATE TO MAY 31, 2020)

CONTRACT

LINE ITEM

NUMBER

(CLIN)

SUPPLIES/SERVICE

REQUIREMENT

Estimated Quantity

UNIT (S)

FIXED

UNIT

PRICE

TOTAL

ESTIMATED

EXTENDED

PRICE

CLIN 0001

Pre-Conveyance/Post- Conveyance Services based on a monthly volume of Conveyed properties 25,000 Each

CLIN 0002

Pre-Conveyance/Post- Conveyance Services based on a monthly volume of CWCOT properties 33,333.34 Each

CLIN 0003

Transition Reconveyance and Re-Acquisitions – (Re-acquisitions received from previous contract)

1,000 Each

TOTAL ESTIMATED VALUE

FOR BASE YEAR

FOR OPTION PERIOD ONE (1)

OPTION PERIOD TWO (2) (DURATION 12 MONTHS)

LINE ITEM

NUMBER

(CLIN)

SUPPLIES/SERVICE

REQUIREMENT

Estimated Quantity

UNIT (S)

FIXED

UNIT

PRICE

TOTAL

ESTIMATED

EXTENDED

PRICE

CLIN 0007

Pre-Conveyance/Post-Conveyance Services based on a monthly volume of Conveyed properties 30,000 Each

CLIN 0008

Pre-Conveyance/Post-Conveyance Services based on a monthly volume of CWCOT properties 40,000 Each

CLIN 0009

Transition Reconveyance and Re- Acquisitions – (Re-acquisitions received from previous contract) 820 Each

FOR OPTION PERIOD TWO (2)

OPTION PERIOD THREE (3) (Duration 12 MONTHS)

LINE ITEM

NUMBER

(CLIN)

SUPPLIES/SERVICE

REQUIREMENT

Estimated Quantity

UNIT (S)

FIXED

UNIT

PRICE

TOTAL

ESTIMATED

EXTENDED

PRICE

CLIN 0010

Pre-Conveyance/Post-Conveyance Services based on a monthly volume of Conveyed properties 30,000 Each

CLIN 0011

Pre-Conveyance/Post-Conveyance Services based on a monthly volume of CWCOT properties 40,000 Each

CLIN 0012

Transition Reconveyance and Re-received from previous contract) 540 Each

FOR OPTION PERIOD THREE (3)

OPTION PERIOD FOUR (4) (Duration 12 MONTHS)

LINE ITEM

NUMBER

(CLIN)

SUPPLIES/SERVICE

REQUIREMENT

Estimated Quantity

UNIT (S)

FIXED

UNIT

PRICE

TOTAL

ESTIMATED

EXTENDED

PRICE

CLIN 0013

Pre-Conveyance/Post-Conveyance Services based on a monthly volume of Conveyed properties 30,000 Each

CLIN 0014

Pre-Conveyance/Post-Conveyance Services based on a monthly volume of CWCOT properties 40,000 Each

CLIN 0015

Transition Reconveyance and Re-received from previous contract) 420 Each

FOR OPTION PERIOD FOUR (4)

TOTAL ESTIMATED

CONTRACT VALUE

INCLUDING

BASE AND ALL OPTIONS

Performance Work Statement (PWS) Mortgagee Compliance Manager 3.0 (MCM)

Vision Statement

1 General Information

1.1 Introduction

1.2 Background

1.3 Constraints

1.4 Description of Services

1.5 Non-Personal Services

1.6 Period of Performance

1.7 Place of Performance

1.8 Hours of Operation

1.9 Special Qualifications

1.10 Post Award/Kickoff Conference

1.11 Status Meetings

1.12 Contractor Travel

1.13 Transition In

1.14 Transition Out

2 Definitions and Acronyms

2.1 Definitions

2.2 Acronyms

3 Government-Furnished Property and Services

3.1 Government Services

3.2 Facilities

3.3 Equipment

3.4 Materials

3.5 Quality Assurance (QA)

4 Contractor-Furnished Items and Services

4.1 Facilities

4.2 Equipment

4.3 Material

4.4 Contractor Responsibilities

4.5 Contractor Personnel

4.6 Identification of Contractor Employees

4.7 Quality Control

4.7.1 Quality Control Plan

5 Specific Tasks

5.1 Pre Conveyance Activities

5.2 Post conveyance Activities

5.3 Deed/Document Execution

5.4 Document Administration

5.5 Customer Service

5.6 Continuity of Operations Plan (COOP)

5.7 Reporting

6 Deliverables

6.1 Quality Control Plan

6.2 Acceptance Criteria

7 Performance Requirements Summary

8 Related Documents

Performance Work Statement (PWS) Mortgagee Compliance Manager 3.0 (MCM)

Vision Statement

To achieve pre-conveyance and post-conveyance activities associated with claims, acquisition and disposition of FHA Single Family insured assets.

1 General Information

1.1 Introduction

The Department of Housing and Urban Development (HUD), Office of Single Family Asset Management, National Servicing Center, requires contractor support to provide Mortgagee Compliance Manager (MCM) services. The MCM shall be responsible for pre-conveyance and post-conveyance activities associated with claims, acquisition and disposition of FHA Single Family insured assets (Conveyed Properties, Claims Without Conveyance Title (CWCOT) and Home Equity Conversion Mortgage (HECM)). Services shall include pre and post conveyance activities.

1.2 Background

The Mortgagee Compliance Manager performs pre and post property conveyance support services to ensure that HUD's interests are protected. These services include: pre-conveyance and post-conveyance activities associated with claims, acquisition and disposition of FHA Single Family insured assets; verifying that the mortgagee has protected and preserved delinquent FHA insured property against damages; completing regulatory and HUD servicing and foreclosure activities; documenting various information on FHA assets held in the REO System of Record, reviewing property inspections to ensure the property is in conveyance condition; assessing provided claim documentation; resolving conveyance exceptions and providing guidance to Mortgagees related to pre-conveyance and post-conveyance responsibilities.

HUD has developed a disposition structure for the management and marketing of REO inventory that streamlines its operations, capitalizes on the expertise of its potential Contractors, and provides flexibility to meet changing market conditions in the real estate owned (REO) industry.

The following is a summary of HUD's disposition structure which highlights the purpose and objectives of each M&M Contractor:

Field Service Manager (FSM): Field Service Managers (FSM) provide property maintenance and preservation services.

Asset Manager (AM): The AMs are responsible for the marketing and sale of REO property.

In the course of providing services, the MCM is responsible for processing various types of requests associated with the conveyance of properties to HUD. For fiscal year 2019, the following numbers of requests were processed: 19,441 conveyance reviews, 35,654 CWCOT reviews, 43,334 extension requests, 1,721 occupied conveyance requests, 281,339 overallowables requests, 2,888 surchargeable damage requests, 13,269 administrative remedies, 24,833 claims were reviewed, 21,089 title packages were reviewed, 957 re-conveyances were reviewed and 1,107 re-acquisitions were reviewed.

Most requests are submitted to the MCM through HUD's REO System of Record; however, there are instances where paper documents are submitted. The MCM is responsible for scanning and uploading these documents into the HUD REO System of Record. In fiscal year 2019, 14,590 documents were scanned and uploaded. In addition, the MCM is responsible for answering various inquiries concerning the conveyance of properties and providing lender specific reports which highlight lender activity and lender comparisons. In fiscal year 2019, 4,969 telephone inquiries and 13,788 email inquiries were received.

The chart below provides historical data for claims from the previous five years.

Fiscal Year Conveyances CWCOT Total FY20 Year to Date 7,097 11,325 18,422

FY19 15,401 35,695 51,096

FY18 21,259 41,170 62,429

FY17 38,380 31,781 70,161

FY16 28,310 55,456 83,766

The following is a listing of systems the MCM shall gain access, maintain access levels and have interactions within order to complete all the tasks within the contract:

Use in order to complete all tasks:

SINGLE FAMILY INSURANCE SYSTEM (SFIS) - The Single Family Insurance System (SFIS) is HUDs primary system of record for insurance and claim payment status of all FHA insured single family loans. SFIS also includes the Single Family Insurance Claims Subsystem, A43C, which processes conveyance insurance claims.

FHA CONNECTION - The FHA Connection is an Internet based system through which Mortgagees report the status of insured loans. Additionally, the FHA Connection allows HUD to post information of interest to Mortgagees. The Contractor may have to access this information to meet the requirements of the PWS.

HUDs REO System of Record (HUD Internet Portal) - HUDs REO System of Record is an Internet based system that serves as the primary system of record for all REO case management transactions. This system identifies, collects and deposits each delinquent HUD-owned property and tracks the disposition activity from conveyance to sale. The system will also track pre-conveyance activities. This system integrates data from SFIS, FHA Connection, and SAMS Accounting.

SINGLE FAMILY ACQUIRED ASSET MANAGEMENT SYSTEM

(SAMS) - The Single Family Acquired Asset Management System (SAMS) is HUDs primary system of record for tracking financial and accounting data for properties acquired by HUD.

COST ESTIMATOR SERVICE - A comprehensive industry standard HUD provided cost estimator and valuation service designed to provide repair, replacement or improvement costs to end users to effectively and efficiently estimate the cost of property preservation and repair. The estimator service contains validated and localized building cost, with web-based access.

All documents (paper and electronic) shall be converted into a universal electronic format for retrieval via the web in a manner that meets HUD/Office of Information Technology specifications and requirements (reference Office of the Chief Information Officer's [OCIOs] website at: http://portal.hud.gov/hudportal/documents/huddoc?id=DOC13838.pdf ).

The Contractor shall ensure compatibility with the HUD network. The website link is http://portal.hud.gov/hudportal/documents/huddoc?id=240025CIOH.pdf.

1.3 Constraints

The services identified in this PWS will adhere to the rules, regulations, laws, standards and conventions identified by HUD as well as within the Federal Government. Constraints include the following listing of systems the MCM shall gain access, maintain access levels and have interactions with, in order to complete all the tasks within the contract:

Constraints include the following:

Code of Federal Regulations

24 CFR 203.379

24 CFR 203.670 through 203.681

CFR's: 24 CFR 203.355, 24 CFR 203.356, 24 CFR 203.359 and 24 CFR 203.402(g)(2).

24 CFR 203.385 203.390, 24 CFR 17.100-118

24 CFR 17.100-118, page 222-226

HUD Housing Notice 2002-20

HUD Handbook 4000.1

HUD REO System of Records Instruction Manual

HUD REO System of Records Release Notes

Mortgagee Letters and Subsequent Letters

Commissioners Adjusted Fair Market Value (CAFMV) https://entp.hud.gov/clas/index.cfm

The following file formats are accepted: .doc, .docx, .gif, .jpg, .pdf, .png, .tif, .tiff, .txt, .xls, .xlsx, and .xps. All scanned copies shall be machine readable and legible.

Each month, Pre-Conveyance/Post-Conveyance/Claims Without Claim of Title Services are invoiced based on a monthly volume of Conveyed properties at a unit price listed on the Schedule B. The contractor will not receive additional or duplicate invoice payments for reconveyances/re-acquisitions. Only a single payment can be applied towards a current contractor’s invoice within the current contract- per each FHA case number conveyed.

Litigation - If the Contractor receives any pleading naming HUD as a party, the Contractor shall provide the COR with a copy of such pleading no later than one (1) business day after receipt of the pleading. The Contractor is not authorized to accept service on behalf of HUD.

Prohibition of Releases - Unless the COR grants the Contractor prior written approval, neither the Contractor nor its Subcontractors shall require, accept, or permit any agreement, which has the direct or indirect objective of exempting the Contractor or its Subcontractors from responsibility for any violation of common or statutory law, from a bidder (prospective or actual) on a HUD-owned property, purchaser of a HUD-owned property, or a real estate broker representing a bidder or purchaser of a HUD-owned property for any and all liability, loss, or damage the Contractor or its Subcontractors may suffer as a result of claims, demands, costs, or judgments arising out of any services performed by Contractor or its Subcontractors under this contract. An agreement that has the direct or indirect objective of exempting the Contractor or its Subcontractors from responsibility for any violation of common or statutory law includes an indemnity, release, covenant not to sue, discharge, and accord and satisfaction.

Compliance with Legislative, Regulatory and Policy Requirements - When local laws and regulations conflict with HUD requirements, the Contractor shall notify the COR and the Contracting Officer, immediately upon discovery.

Electronic Disclosures, Records, and Signatures - With respect to Federal law, the Contractor shall comply with the Electronic Signatures in Global and National Commerce Act, 15 USC 7001-7006, (ESIGN), including the requirements to, prior to electronically delivering information to a consumer, provide the consumer with certain disclosures and obtain the consumers consent to electronically receive information. The Contractor shall provide consumers with the option of requesting a paper copy of an electronic record and shall not charge any fee for such copy. The Contractor shall not use 15 USC 7001(c) (3) to evade compliance with 15 USC 7001(c) (1) (C) (ii). With respect to State law, the Contractor shall comply with ESIGN or, if a State has enacted a statute, regulation, or other rule of law preempting ESIGN pursuant to 15 USC 7002, the State statute, regulation, or other rule of law governing the use or acceptance of electronic records or signatures. This section does not constitute consent by HUD to the use of https://entp.hud.gov/clas/index.cfm electronic records as a substitute for paper records or the use of electronic signatures as a substitute for ink signatures. In addition, the contractor shall provide HUD with a statement of how all PII (Personally Identifiable Information) will be secured and stored by the contractor.

1.4 Description of Services

The Contractor shall provide pre and post property conveyance support services to ensure that HUD's interests are protected. Services shall include:

Pre Conveyance

Post Conveyance

Contract Administration

Deed/Document Execution

Document Administration

Customer Service

Continuity of Operations Plan (COOP)

Reports

Detailed descriptions of specific tasks are provided in Section 5 Specific Tasks and Deliverables.

1.5 Non-Personal Services

The Government will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services.

If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's responsibility to notify the Contracting Officer (CO) immediately. These services shall not be used to perform work of a policy, decision making or management nature, i.e. inherently Government functions. All decisions relative to programs supported by the Contactor shall be the sole responsibility of the Government.

1.6 Period of Performance

The Period of Performance shall be up to one base period of 12 months and four 12-month option periods.

1.7 Place of Performance

The services to be performed under this contract shall be performed at the Contractor's facility.

1.8 Hours of Operation

8:00 am through 4:30 p.m. Monday through Friday CST – (except Federal Holidays or when the Government facility is closed for administrative reasons.) These are the minimum hours of operation.

1.9 Reserved

1.10 Post Award/Kickoff Conference

The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The Government intends to convene a Post Award Conference with the Contractor within ten business days after contract award. The Contracting Officer will notify the Contractor of the specific date, location and agenda within five business days after contract award.

1.11 Status Meetings

The Contracting Officer's Representative (COR) and other Government personnel, as appropriate may meet periodically with the Contractor to also review Contractor performance, requirement status, etc. At these meetings, the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance or progress of the requirement. The Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. Post Award Conference and subsequent meetings may be held via teleconference.

1.12 Contractor Travel

No Contractor travel is anticipated during the performance period of this contract.

1.13 Transition In

The Contractor shall, upon the Contracting Officer's written notice, furnish Transition-In services as required. As a successor, the Contractor shall have sufficient personnel on board during the 90 calendar days Transition-In period to ensure a smooth transition with the incumbent Contractor. The Contractor shall provide an orderly transition of work acceptance and accomplishment such that any impact to the program is minimized. During the Transition-In period, the Contractor shall become familiar with the requirements in order to commence full performance of services by the end of the contract Transition-In period. Transition-In is not required if the successor Contractor is the incumbent Contractor.

1.14 Transition Out

To minimize any decrease in productivity and to prevent possible negative impacts on additional services, the Contractor shall have sufficient personnel on board during the 60 calendar days Transition-Out period. The Transition Out period shall occur during Option Period Four (4). The incumbent Contractor shall ensure a smooth transition with the successor Contractor during the Transition-Out period, prior to completion of contractual performance. The incumbent Contractor shall aid the successor in the development of plans, procedures, and methods for the assumption of all on going work. The Contractor shall provide an orderly transition of work acceptance and accomplishment, such that full control by the successor Contractor is achieved by the end of the new contract Transition-In period.

2 Definitions and Acronyms

2.1 Definitions

184 Properties - Properties on Indian or tribal lands acquired as a result of foreclosure of a loan guaranteed by HUD's Office of Native American Programs under the Section 184, Loan Guarantee for Indian Housing Program of the Housing and Community Development Act of 1992. These acquisitions may be lease-holds and have tribal specific resale restrictions.

312 Properties - Properties acquired as a result of foreclosure of a HUD Community Planning and Development's Rehabilitation Mortgage.

Adverse Occupants - Occupants who are in possession of a HUD owned or Custodial property without the legal right to be there.

Administrative Contracting Office Staff - The HUD officials authorized to execute and administer contractual documents based on this task order and who are also responsible for the day-to-day administration of this task order and delegating task order administration responsibilities to contracting staffs and Contracting Officer Representatives.

Acquisition - The process through which a real property or mortgage note secured by a real property is conveyed to HUD. Properties and mortgage notes are conveyed (acquired) from a number of sources.

Affiliated Entity - (a) As to Vendor, any Entity (i) controlling, controlled by, or under common control with the Vendor, or (ii) whose Management Officials are an Immediate Family member of a Management Official of the Vendor; or (b) As to Subcontractor, any Entity (i) controlling, controlled by, or under common control with the Subcontractor, or (ii) whose Management Officials are an Immediate Family member of a Management Official of the Subcontractor, including any agent or broker, licensed under a listing broker, used to list HUD-owned properties; or (c) As to any other Entity, any Entity (i) controlling, controlled by, or under common control with the other Entity, or (ii) whose Management Officials are an Immediate

Family member of a Management Official of the other Entity.

Appraiser - An individual who is required by law to be state certified, before he/she may render an acceptable estimate of value for any property (real, chattel, tangible or intangible) involving federal funds.

Asset Control Area (ACA) Program - A program for the disposition to eligible participants of HUD-owned properties and future HUD acquisitions of properties and/or mortgage loans located within HUD designated revitalization areas.

Asset Manager - A HUD Vendor responsible for the marketing of HUD REO properties.

Broken Window - A pane of glass that has a visible opening that permits entry or exposure to the elements or which is so badly cracked as to constitute a hazard, e.g. a window with a crack that divides a single pane into two or more pieces

Business/Workdays - Every official workday of the week which are days between and including Monday to Friday. This does not include public holidays and weekends.

Calendar Day - Any day of the week.

Claims Without Conveyance of Title- A Claim Without Conveyance of Title (CWCOT) is a procedure under which the Mortgagee attempts to secure a third party purchaser for a mortgaged property so that the conveyance to HUD is not required in exchange for mortgage benefits.

Contractor - A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

Contracting Officer (CO) - A person with authority to enter into, administer, and/or terminate contracts and make related determinations and findings on behalf of the Government. Note: the only individual who can legally bind the Government.

Contracting Officer's Representative (COR) - An employee of the U.S. Government appointed by the Contracting Officer to perform contract administration activities in regard to technical issues. This individual has authority to provide technical direction to the Contractor as long as direction is within the scope of the contract, does not constitute a change and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

Control - The power to direct or cause the direction of the management and policies of such entity, whether through the ownership of voting securities, by task order, or otherwise. The term "Controlled" shall have a correlative meaning (as to any Entity).

Conveyance Condition - The standards a property has to meet to be considered ready for conveyance. This includes basic components for habitability and occupancy such as adequate heating and cooling facilities, electrical supply, cooking facilities, hot and cold water supply, sanitary facilities and roof covering.

Conveyance Foreclosures - Properties conveyed to HUD by a Mortgagee following foreclosure, or deed-in-lieu of foreclosure of an FHA insured mortgage, and the filing of a claim for insurance benefits.

Cracked Window - A pane of glass that is still intact but may have slight imperfections that do not amount to an opening in the glass or do not constitute a hazard, e.g. a pane of glass that has been damaged but not broken and there is no danger of falling glass or weather damage to the property.

Custodial Property - A borrower owned property that serves as security for a secretary-held mortgage (including a HECM), which HUD, through the Vendor, has taken possession of following default and vacancy or abandonment.

Default - When a mortgagor fails to perform under any covenant of the mortgage and the failure continues for thirty days.

Defective Performance - A service or deliverable that does not meet the performance standard specified in the task order for a specific performance requirement.

Defective Service - A service output that does not meet the standard of performance associated with the Performance Work Statement.

Deliverable Anything that can be physically delivered (including electronic deliverables ) but may include non-manufactured things such as meeting minutes or reports.

Electronic Data Interchange (EDI) Software application-to-application communication of data in standard format for business transactions, EDI is a set of standards for structuring information that is to be electronically exchanged between and within businesses, organizations.

Electronic Transmission A message transmitted electronically in a format displayed on equipment, for example, a personal computer monitor or facsimile machine. The electronic media used to deliver electronic messages displayed on a personal computer monitor includes electronic mail or another method acceptable to HUD.

Emergency Contact Sign - A visible sign on the property that provides a toll free, 24-hour telephone number to report emergencies.

Entity - Any individual, corporation, partnership, joint venture, Limited Liability Company.

trust, association, or any other entity.

FHA Connection - An Internet-based system that provides FHA business partners and Vendors secure interaction with HUD mainframe systems to perform required reporting and research the origination and servicing history of FHA insured loans.

FHA Mortgage Insurance - Insurance issued by FHA to an FHA approved Lender, which insures the Lender against default by the Borrower. FHA charges the Lender a fee, typically one-half percent of the outstanding balance of the mortgage per year.

Field Service Manager - A HUD Vendor responsible for property management, maintenance, and preservation services.

Fiscal Year (FY) - The US government's official accounting year, which begins October 1 of the calendar year and ends on September 30 of the following calendar year.

Foreclosed Secretary Held Mortgages (SHMs) - Properties acquired as the result of the foreclosure of a mortgage serviced by HUD including assigned and purchase money mortgages.

Foreclosed Secretary Held Mortgages (SHMs) - Properties acquired as the result of the foreclosure of a mortgage serviced by HUD including assigned and purchase money mortgages.

Government Furnished Property (GFP) - Government-furnished property means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification.

Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Home Equity Conversion Mortgage (HECM) - A specialized mortgage product available only to senior citizens that allows them to receive cash payments from the equity in their home.

HUDCLIPS A web-based directory of all of HUD's official policies and directives including notices, Mortgagee Letters, Housing Notices, Handbooks, Code of Federal Regulations and US Codes Titles 12 and 24.

HUD-Owned Properties - Properties that HUD owns by reason of payment of an insurance claim or another acquisition method. Unless otherwise indicated the term includes vacant land and occupied-conveyance properties. HUD-owned properties are also referred to as HUD REO or HUD-homes.

Immediate Family - As to any person and whether by blood, law, or marriage, (i) his or her spouse or registered domestic partner, (ii) his or her children, siblings or parents or (iii) the spouses or registered domestic partners of his or her children, siblings or parents.

Legal Settlement - Properties that are not FHA-insured but were acquired as a result of a lawsuit or for other reasons such as to accommodate another Federal agency. These properties will be assigned by the COR. Mortgagee compliance tasks are not required for these properties.

Lender - A financial institution that lends money to a borrower in return for an obligation to repay.

Management Official - As to any Entity, its owner, partner, principal, shareholder, director, officer, employee, agent, representative, or any individual who directs its daily operations.

Minimum Property Requirements (MPR) - A minimum quality level acceptable to HUD for new construction of single-family housing.

Minimum Property Standards (MPS) - The minimum level of quality for existing, 1-4 unit properties to be considered technically acceptable for insurance under FHA programs.

Mortgage - A lien on a project to secure construction advances or a permanent loan.

Mortgagee Compliance Manager Vendor responsible for the mortgagee compliance services as defined by HUD.

Mortgagee - The original mortgagee under a mortgage and its successors and assigns, which includes the holders of credit instruments issued under a trust indenture, mortgage, or deed of trust pursuant to which such holders act by and through a trustee therein named.

Mortgagee Neglect - For a mortgage insured on or after January 1, 1977, the failure by a Mortgagee to inspect, or take reasonable action to preserve and protect a property securing an FHA insured mortgage, as required by 24 CFR 203.377. Reasonable action includes initiating foreclosure within the required time frame pursuant to 24 CFR 203.355(b).

Mortgagor - The original borrower under a mortgage and his heirs, executors, administrators and assigns.

Non-Surchargeable Damage - Damage to the property that is not the responsibility of the Mortgagee because it was not caused by Mortgagee Neglect, fire, flood, earthquake, hurricane, tornado, or for condominiums, boiler explosions.

Notice of Acquisition - The notice provided to the Vendor that a property has been assigned to them. Generally, notice is conveyed through P260. However, in some cases notice is delivered by the COR.

Occupied-Conveyance - A formal process, through which a Mortgagee receives permission to convey an occupied property to HUD. The term may also be used as a noun to refer to a property conveyed in this manner.

Pre-Conveyance Inspection - A pre-conveyance inspection is an inspection performed by HUD, at the Mortgagee request, before conveyance to determine if a property meets HUD's conveyance standards.

Performance Requirements Summary (PRS) - A listing of the performance requirements under the contract that are to be evaluated by the Government on a regular basis, performance indicators for these requirements, performance standards for these requirement and surveillance methods to be used to determine if performance standards are met.

Performance Standard - The Contractor's performance level required by the Government.

Performance Work Statement (PWS) - A statement of work for performance-based acquisitions that describe the required results in clear, specific and objective terms with measurable outcomes.

Physical Security - Actions that prevent the loss or damage of Government property.

Possession - Upon completion of an eviction or any possessory action.

Post Conveyance – Activities associated with a property after it has been conveyed to HUD.

Proposed Rule - Proposed changes to the regulations governing HUD policy as published in the Federal Register.

Quality Assurance (QA) - Policies and procedures adopted by the Government to ensure that supplies and services acquired under Government contracts conform to the contracts quality requirements.

Quality Assurance Surveillance Plan (QASP) - A plan describing how the agency will survey, observe, test, sample, evaluate and document the Contractor's performance in meeting critical performance standards identified in the contract.

Quality Control (QC) - All necessary measures taken by the Contractor to assure that the quality of an end product of service shall meet contract requirements.

Random Sampling -The quality verification is a selection method, wherein each object in a group, has an equal chance of being selected for quality assurance surveillance.

Real Estate Owned (REO) - An industry term used to describe properties acquired through foreclosure of a mortgage note or deed of trust. Single-family properties owned by HUD may be referred to as HUD REO.

Reacquisition – Reacquisition is the process by which a Mortgagee conveys to HUD a property that has been previously reconveyed to the Mortgagee.

Re-conveyance - The process of returning a property to a Mortgagee by recording a deed in Mortgagee's name and seeking reimbursement for claims paid plus expenses.

Revitalization Area - An area that has been designated by HUD as exhibiting some or all of the following characteristics: a high concentration of HUD homes, low income or low homeownership rates or any other criteria HUD designates. HUD homes within revitalization areas are eligible for discounted sales to certain purchasers.

Revitalization Area Locator (RAL) - A web-based geo-mapping tool utilized as a HUD's official source for determining whether a property is located in a revitalization area.

Rework - Corrective action taken, or to be taken by the Vendor at its own expense and at no additional cost to the Government to rectify defects identified either by the Government COR or by the Vendor.

Secretary-Held Properties - Borrower owned properties that are the security for mortgage loans held and serviced by HUD either through assignment or origination. Vacant or abandoned secretary-held properties will become Custodial Properties.

Secured Properties - A property where all windows, doors and openings are locked, boarded (where authorized), or otherwise secured to prevent unauthorized entrance by person or animal into any portion of the dwelling, including exterior entrances to crawl spaces and any other structures on the property, e.g. garages and sheds.

Service Contract - A contract that directly engages the time and effort of a Contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply.

Section of the Act (SOA) - SOA programs are HUD’s programs for low income families.

Single Family Insurance System (SFIS or A-43C) The Single Family Insurance System (SFIS) is a HUD system of record used to maintain the insurance-in-force (IIF) database, which contains accurate and detailed case information on FHA insured single family properties (except HECM).

The Contractor shall access SFIS to verify loan information as deemed necessary to determine insurance status and claims information.

Special Property Inspections (SPI) Quality assurance inspection of HUD properties performed by HUD contract inspectors or by a designated HUD official.

Subcontractor - Any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, material, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor. The Government does not have privity of contract with a subcontractor.

Surchargeable Damage - Damage to the property (1) by fire, flood, earthquake, hurricane, tornado, or for condominiums, boiler explosion; or (2) for mortgages insured on or after January 1, 1977, damage caused by a Mortgagee's failure, as required by 24 CFR 203.377, to inspect or take reasonable action to preserve and protect vacant or abandoned properties.

Targeted Sampling - Use of risk-based factors rather than random sampling to select properties, files or other subjects for quality assurance or quality control review.

Task order Award Date - The date upon which HUD and the Vendor have both executed a task order based on this PWS.

Transition In Period - A period of time following task order award when a new Vendor develops the infrastructure necessary to perform contractual responsibilities and when those contractual responsibilities are transferred from a Former Vendor to a new Vendor.

Transition Out Period - A specific period of time close to the end of the contract term where the incumbent Vendor executes an approved transition plan to assure continuity of service and a seamless transition to the next Vendor in accordance with the terms of the Contract.

Transmittal - Standard form required under HUD's Financial Control Manual that Vendors shall use to request payment of expenses associated with mortgagee compliance, management and the marketing of HUD-owned properties.

Utilities - Gas, electricity and water/sewer services.

Vacant Property Registration State, municipal or local law that requires the registration of a vacant or abandoned property, until such time as the property is sold or otherwise disposed. A registration fee is usually associated with registration.

Vendor - The individual, partnership, corporation or other entity, which is the party subject to the terms and conditions of this task order.

Work Week - Monday through Friday, unless specified otherwise.

2.2 Acronyms

ACA - Asset Control Area ADP - Asset Disposition Process AM - Asset Manager AQL - Acceptable Quality Level BPO - Broker Price Opinion CAFMV - Commissioners Adjusted Fair Market Value CFR - Code of Federal Regulations CO - Contracting Officer COOP - Continuity of Operations Plan COR - Contracting Officer Representative CP - Contingency Plan CST - Central Standard Time CWCOT - Claim Without Conveyance of Title DOA - Delegation of Authority ESIGN - Electronic Signature

EST - Eastern Standard Time (U.S.)

FHA - Federal Housing Administration FOIA - Freedom of Information Act FSM - Field Service Manager GFP - Government Furnished Property GNND - Good Neighbor Next Door HECM - Home Equity Conversion Mortgage HPIR - HUD Property Inspection Report HOA - Homeowners Association HOC - Homeownership Center HSFDS - HUD Single Family Disposition Systems HUD - U.S. Department of Housing and Urban Development HUDCLIPS - HUD's Client Information Policy System HUDAR - HUD Acquisition Regulation HUD Web - HUDs Intranet Web Site and related WEB pages IAW - In Accordance With M&M - Management and Marketing MCM - Mortgagee Compliance Manager MWP - Management Work Plan NLT - No(t) Later Than NSC - National Servicing Center OA - Over Allowable OCPO - Office of the Chief Procurement Officer PM - Project Manager POC - Point of Contact P&P - Preservation and Protection PPM - Project Planning and Management PRS - Performance Required Summary PWS - Performance Work Statement QA - Quality Assurance QASP - Quality Assurance Surveillance Plan QC - Quality Control QCD - Quitclaim Deed QCP - Quality Control Plan REO - Real Estate Owned SAMS - Single Family Acquired Asset Management System SF - Standard Form SFAM - Office of Single Family Housing SFDMS - Single Family Default Monitoring System SFIS or A43C - Single Family Insurance System SOA - Section of the Act SSA - System Security Administrator

3 Government-Furnished Property and Services

The Contractor shall ensure accurate control and accountability of all Government-Furnished Property in accordance with the terms and conditions of this contract. The Government will furnish, at no cost to the Contractor, the GFP shown below.

3.1 Government Services

The Government will provide training to the contractor’s Key Personnel on the FHA Connection and the Single-Family Insurance System (SFIS) within two weeks after award via webinar.

3.2 Facilities

No facilities will be provided by the Government.

3.3 Equipment

Reserved

3.4 Materials

Copies of some required materials will be provided to the Contractor in hard copy or soft copy within 15 days of contract award. All furnished materials will remain the property of the Government and will be returned to the COR upon request or at the end of the contract period.

3.5 Quality Assurance (QA)

The Government shall evaluate the Contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance and the minimum acceptable quality level.

4 Contractor-Furnished Items and Services

The Contractor shall furnish, all facilities, equipment and supplies required to perform the work under this contract that are not listed under Government-Furnished Property and Services.

4.1 Facilities

The Contractor shall furnish all facilities required to perform the work under this contract.

4.2 Equipment

The Contractor shall furnish all equipment required to perform the work under this contract.

4.3 Material

The Contractor shall furnish all materials not provided by the Government that are required to perform the work under this contract.

4.4 Contractor Responsibilities

The Contractor shall only conduct business with designated Government personnel listed as points of contact (POCs). Names of authorized personnel shall be provided to the Contractor by the Government, in writing, and updated as necessary throughout the contract period.

U.S. Government records, copies of original results and reports, verified original data, corrected data and corrected supporting final reports which are maintained by the Contractor remain the property of the U.S. Government. These files/results must be surrendered to the COR.

4.5 Contractor Personnel

The Contractor shall provide a Contract and Project Manager who shall be responsible for the performance of work. An alternate shall also be designated to act in the absence of the Contract/Project Manager. The Alternate Contract Manager and Alternate Project Manager need not be 100% dedicated to the contract, except for when they are substituting for the primary person designated for that position. These Contractor personnel (main point of contact and alternate point of contact) are considered Key Personnel by the Government and shall be listed as such in accordance with HUDAR 2452.237-70, "Key Personnel. The Contract/Project Manager and alternate shall have full authority to act on all contact matters relating to daily operations of this contract. Accordingly, at a minimum, the points of contact shall have the technical knowledge of the requirement and be in the position to actually receive assignment, guidance and direction from the COR per HUDAR 2452.237-73, "Conduct of Work and Technical Guidance" and shall be allocated enough hours to the requirement to ensure successful performance. These points of contact shall each be an employee of the Contractor. An employee of a subcontractor is not acceptable for either of these positions. The Contract/Project Manager or alternate shall be available between the hours of 8:00am to 4:30pm Monday through Friday CST, except Federal Holidays or when the Government facility is closed for administrative reasons.

The Contractor shall designate a Systems Security Administrator (SSA) no later than ten (10) business days of the effective date of the contract and provide this information to the COR within this timeframe. The SSA shall complete HUD's mandatory specialized on-line security training course designed for this position. The SSA shall be responsible for collecting, reviewing and submitting documents identified in the "Security Access section in order to initiate requests for user access to HUD systems and to request access modifications and revocations. The Contractor shall certify, not later than seven (7) business days from new hire, that all staff has received instruction in system security issues, are familiar with the contents of the current version of HUD Handbook 2400.24 Rev. 2, Information Security Program. The SSA shall provide a signed Rules of Behavior Acknowledgment and Acceptance for each employee certified. The SSA shall also be subject to HUD’s IT General Controls and Monitoring of Contractors security policy. The SSA shall conduct annual security-self assessments and content shall be subject to verification by facility inspections to ensure compliance with all HUDs IT security policies.

4.6 Identification of Contractor Employees

All Contractor/subcontractor personnel shall wear company picture identification badges as to distinguish themselves from Government employees. When conversing with Government personnel during business meetings, over the telephone or via electronic mail, Contractor/subcontractor personnel shall identify themselves as such to avoid situations arising where sensitive topics might be better discussed solely between Government employees.

Contractors/subcontractors shall identify themselves on any attendance sheet or any coordination documents they may review. Electronic mail signature blocks shall identify their company affiliation. Where practicable, Contractor/subcontractors occupying collocated space with their

Government program customer shall identify their workspace area with their name and company affiliation, or at a minimum, "Contractor" after name.

4.7 Quality Control

The Contractor shall establish and maintain a complete quality control program that shall ensure services are performed in accordance with this contract. The Contractor shall develop and implement procedures to identify, prevent, and ensure non reoccurrence of defective services.

The Contractor's quality control program is the means by which he assures himself that his work complies…